Wage-law critics ponder next move

By Bob Quick The New Mexican



    Managers of some Santa Fe restaurants were mulling price increases and other measures in the wake of Wednesday’s City Council vote to carry out a Jan. 1 increase in the city’s minimum wage.
    Fewer overtime hours and reduced health benefits for some workers could result from the new $9.50-an-hour requirement for businesses with more than two dozen workers, restaurateur Al Lucero said Thursday.
    “I think the City Council has literally created economic havoc in the city of Santa Fe,” said Lucero, owner of Maria’s New Mexican Kitchen. “They succumbed to the pressure of the unions and the do-gooders who never had to make a payroll in their lives.”
    Price increases wouldn’t surprise backers of the minimum-wage law and economic experts who have testified on their behalf. However, they have insisted that small increases won’t harm affected businesses and wouldn’t outweigh the need to provide a “living wage” to lowincome workers.
    University of Massachusetts-Amherst professor Robert Pollin, testifying last year about how Santa Fe businesses could adjust to a higher minimum wage, said, “The most likely way is raising prices to absorb the cost increases.”
    Some representatives of service-oriented businesses, however, reacted with bitterness to the council’s 7-1 vote against delaying the scheduled wage hike until more information is available. A study commissioned by the city on how the current $8.50-an-hour wage floor has affected Santa Fe’s economy since taking effect in mid-2004 won’t be completed until at least May.
    Lucero said he didn’t go to Wednesday’s council meeting at Sweeney Convention Center because the outcome of Councilor David Pfeffer’s effort to delay the higher minimum wage was “predetermined.”
    Simon Brackley, interim president of the Santa Fe Chamber of Commerce, was among a handful of wage-law opponents who did speak at the council meeting. He predicted Thursday that things would get worse for both businesses and workers affected by the ordinance.
    Referring to a preliminary report by the Bureau of Business and Economic Research, he said, “More than 60 percent of the businesses in the survey said they planned to raise prices and 44 percent to cut overtime. I would anticipate more of the same in terms of those trends.”
    The general manager of Eldorado Hotel said Thursday that he doesn’t expect to cut employee hours and plans to go ahead with renovations at the downtown hotel and its Old House Restaurant.
    But Rich Verruni said it is important that the city and state do more to bring tourists to Santa Fe to help his hotel — the city’s largest — and others at a time when expenses of all kinds are rising sharply.
    A number of business groups and owners had placed their hopes in a lawsuit filed in state District Court in 2004 to block the city ordinance. The plaintiffs argued that the City Council lacked authority to pass such a law.
    But one person familiar with the lawsuit, which the state Court of Appeals rejected Nov. 29, said Thursday that the case may have reached the end of the line because the plaintiffs are not interested in appealing it to the state Supreme Court.
    Plaintiffs in the court appeal — who included the Chamber of Commerce, New Mexicans for Free Enterprise, owners of the Zia Diner, Santa Fe Bar & Grill and San Francisco Street Bar & Grill, as well as a company that owned the Santa Fe Hilton — have until Monday to decide whether to appeal to the high court.
    A separate legal challenge against the ordinance was filed recently in federal District Court by Heritage Healthcare. But the political fight may shift next month to the state Legislature, where efforts to pre-empt local wage laws are expected during debate over raising the statewide minimum wage to $7.50 an hour from $5.15 an hour.
    As a result of the city’s action, Lucero of Maria’s restaurant said, he “might have to look at cutting benefits” for employees, such as health insurance, bonuses and paid vacations.
    “After Jan. 1, nobody will work any overtime,” he said. “That used to be our way of rewarding good workers. Rather than working another job, we would let them work another 20 hours. We can’t afford to do that now.”
    As for prices, “we haven’t had a price increase since before 2000,” he said. “It looks like we might address that and take some kind of price increase, although we’re reluctant to do it.”
    Vickie Zamora, owner with her husband, Andres, of the McDonald’s franchise in Santa Fe and Los Alamos, didn’t want to comment on the impact of the higher minimum wage.
    But she said McDonald’s restaurants, including the recently remodeled outlet in the 3000 block of Cerrillos Road, are becoming more automated as labor and other costs, especially energy, continue to increase.
    Raises for minimum-wage workers can also put pressure on businesses to lift pay for other workers who already make more than the minimum.
    At Eldorado Hotel, about 10 percent of the workforce, or 31 employees, will see their pay increase Jan. 1 as a direct result of the minimum-wage ordinance, Verruni said.
    Those employees work in housekeeping, the laundry, the kitchen and the receiving department, he said.
    Eldorado will implement a small price increase on Jan. 1 to keep up with inflation in various costs such as energy and health care, Verruni said. “We are not raising prices to offset the minimum wage.”
    Tom Spray, executive director of Open Hands, a nonprofit organization that assists the elderly, said the ordinance will directly affect six workers at his business. Three full-time and three part-time employees will receive a $1 per hour raise.
    “We had planned and budgeted for it,” he said. “We knew it was coming. It was a question of being prepared.”

 

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